# RECEIVED U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION OFFICE OF HEARINGS

WASHINGTON, D.C. In the Matter ofNortheastemAviation Corp., Respondent DocketNos. FAA-2012-1264

Case Nos. 2012EA110030 Administrative Law Judge J.E. Sullivan 

## SEP 11 2013 HEARING DOCKET

RESPONDENT'S SUPPLEMENTAL RESPONSE TO REQUEST FOR 

# ·o PRODUCTION OF DOCUMENTS I.,<;J**Cl~** 

### On August 8, 2013, the Respondent, in Respondent's Response to First Set of Interrogatories and Request for Production ofDocuments and Request for Admission, stated that 

### Mr. Michael Kalish will testify to the events on August 22 and 23, 2011 and that specifically he will confirm the statements in an affidavit that would be supplied to counsel as soon as it was received. Counsel has nowreceived the affidavit from 

### Mr. Kalish, signed on September 3, 2013, and is supplementing the record with that affidavit (See Exhibit A).

Email:jehrig@eckertseamans.com Date: September 10, 2013.,.


### CERTIFICATE OF SERVICE I hereby certify that on September 10, 2013 the foregoing Respondent's Supplemental Response to Request for Production ofDocuments has been served via Federal Express and facsimile to the following: Mr. Alfred R. Johnson, Jr., Esq. Mr. Zachary M. Berman, Esq. Federal Aviation Administration 1 Aviation Plaza Jamaica, NY 11434 Telephone: 718-553-3258 Fax: 718-995-5699 Judge J.E. Sullivan U.S. Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, D.C. 20590 Fax: 202-366-7536 (Federal Express only) I hereby certify that on September 10, 2013 the foregoing Respondent's Supplemental Response to Request for Production ofDocuments has been served via Federal Express to the following: Federal Aviation Administration (Original and one copy) 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Room 2014

# Exhibit A--,------------·--·- ----.-·· ··r--

UNITED STATESDEPARTJ\1ENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OFFICE OF HEARINGS

WASHINGTON, D.C.

IN THE MATTER OF NORTHEASTERNAVIATION CORP. Case No. 2012EA110030 FDMS No. FAA-2012-1264 Judge J.E. Sullivan AFFIDAVIT OF MICHAEL KALISH I Michael Kalish, state as follows: 1. My name is Michael Kalish. I 

### am over the age of 18 years. I am fully competent to make this affidavit and have personal knowledge ofthe facts stated herein. 2. On August 22, 2011 I flew Sundance Aviation aircraft N345MJ for the purpose of conducting an FAAPart 135.293, 297, 299 check ride. 3. I blocked in after the check ride at 1445UTC and leftthe airport offduty at 1515 UTC. 4. When I filled out the Sundance Aviation flight and duty log I inadvertently entered 1600 UTC for the duty offtime from the Sundance Aviation checkride. 5. The flight and duty records ofSundance Aviation are incorrect because ofmy clerical error. 6. I did not enterthis outside flying time into the NortheasternFlight and DutyTime Record. 7. The next day, at 0130, I reported for duty to fly a Part 135 charter for Northeastern Aviation on the Gulfstream N451CM. Accordingly, 10 hours and 15 minutes elapsed between the time I went offduty after my last flight onAugust 22, and the time I reported for duty on August 23. Page 1 of28. I intentionally reported for duty at 0130 in orderto have the required resttime. 

### 9. I knew atthetime that 

### I reportedfor duty for theNortheastern charterthat 

### I did have morethan 10 hours ofrest between thetwo flights. I0. Although I did not report this outside commercial activity on myNortheastemFlight and Duty TimeRecord, I did not violatethe requirements for rest between duty periods. 11. I explained this situationto the FAANew YorkFlight Standards District Office Inspectors. They confirmedthat I blocked in onthe FAA checkride at 1445 UTC, and had an end ofduty time of 1515 UTC.

I declare under penalty ofperjury that the foregoing is true and correct.

DATED: 

# C('/J/; _? 

# Mf!tJf/M
Michael Kalish

SUBSCRIBED and duly SWORNtobefore methis

# _3_ day

### of~ , 2013.



### official ··-·· Impression Seal LISA VILCHEK Notary Public, State of New York No. 01Vl5050550 Qualified in Nassau**Cou~** Commission Expires 10/1 0/.li__ My Commission Expires:.
______ _ Notary Public (Print Name)

NotaryPublic Signature

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